Council tax problems

L122ie

Can someone advise us.
Sometime ago my mother tried to get her council tax band reduced as we found out that she was in a higher band than her neighbours and had been so since the begining. The next door cottage started two bands lower and when it was pulled down and rebuilt as a three storey 1.2 million pound house the band was increased to one band lower than my mums. so as you can imagin my mother was pretty unset at having to pay so much more for the council tax. However we were told that she was in the right band and the others were wrong and they would be looking into putting all the others up. This was ok until she has received a bill for underpaid Council tax for just under 5 and half thousand pounds (she is 87 year old pensioner) because she was receiving a sole occupant discount since my father died 10 years ago. She told the council at the time that my brother was still living there but he was on a low income and she aked if she was entilled to a discount which she apparently got, but it was their mistake as it appears she was not entilled to it but she was not aware of this all this time. Can the council really demand all this money from a penioner, can they really go back ten years. Can anyone help us on this matter as she is really worried about how she is going to pay this and continue to live on what little money she will be left with. This is such a bitter pill to swallow especially with the fact that she has been paying much more tax than her neighbours all these years.

catmiaow

No it was their fault, they really should be making special arrangements so you're mother can pay money back monthly. Expecting that much back from anyone in one go it is disgrace.

lincroft1710

What form does the request for payment take, is there an accompanying explanatory letter? This is a large amount even over 10 years, so there must have been a sizeable discount given. How did council find out discount should not have been given? I would expect the council would allow payment over a period of time, but even at £100 per month it would take nearly 5 years to pay it off.

corsagirl_2

Is your brother still there or not? If not ensure she reapplies for discount. If he is then depending on income she might be able to claim second adult rebate.

Also maybe worth finding out if the Council have done any annual reviews on discounts, did your mother declare him on these forms.

It is a large amount as above poster says, perhaps you can request a meeting with a senior officer to discuss case and repayment.

CIS

The problem comes in that , although it may have been an initial error by the council in applying the discount, every bill issued after that date would show the discount therefore the tax payer should have been ordinarily aware that a discount was being applied, regardless of any annual review forms.

L122ie

Many thanks for all your reply,

With the letter demanding the £5,400 the council sent copies of all the bills showing clearly that she was getting a sole occupant discount but she had asumed that they were disregarding my brother due to his low income as she had told them on the phone at the time of my Father death. My brother is still living there and they now know that they will have to pay the extra. At no time had she tried to hide the fact that my brother was living there and he was clearly on the electorial register. My mother has felt that she has been treated as a criminal by my the man at council whom she spoke to about this matter and he demanded that she pay some money up front as she could not afford the £1100 a month to correct this unpaid amount up to next April. She has subequently sent them £3000 (she had to cash in her saving to do so) as she felt bullied by the man. I am thinking of putting a complaint into the council at the way they are treating her for a genuine misunderstanding on her behalf and a council mistake.

lincroft1710

I will apologise in advance if the following is not what you really want to read.

Unfortunately there are many occurrences of council taxpayers trying to evade payment of council tax and council officers dealing with these will take a hard line, not all 80 year old females are "innocent little old ladies". Usually you have to confirm single occupancy in writing at frequent intervals, so the council will take the view that your mother knew your brother was living there. It is doubtful if there is any record of your mother's original telephone conversation. The council could have taken the view that this was ct fraud. Your brother may have been entitled to some form of second adult benefit, but regrettably this may well be forfeit, because of the non payment. As your brother "technically" owes the money, is there anyway he could contribute?

There is no doubt in my mind that your mother did not deliberately mis-state facts, but the council will probably see things differently.

L122ie

Thank you for you reply but as you say it is not exactly what I wanted to hear.

You say that the council want confirmation of single occupancy at frequent intervals, what form does this take, as, as far as i know she has never been asked to put anything in writing, it was all done on the phone at the time of my father's death. My Brother will indeed be contributing in furture to the council tax but he does not have any saving to help pay the £5,400. As I said before this has all come to light since my Mother have been trying to claim back a refund for being in the wrong council tax band. The man at the council, although very sympathic and understood why we thought she was in the wrong band just thanked us for bringing all the errors in that area to light and I don't know when or how they will be changing the tax bands of all the neighbours. I bet they won't be charged unpaid tax dating back to 1991 or when ever.

videoking

be careful the coucil will say you owe the money even if u dont go to citzens advice there some sort of rule money over 6 years old doesnt have to be paid if they have not persued it in court inthe last six years apeal, apeal, apeal, dont pay without a fight seek advice wouldnt of paid 3000 out of saving ive just had arun in with the council and each person i talked to give me different advice my head was wreked with it bailiffs at the door thousands of pounds extra in fees sorted most of it out now but still got one bill outstanding wish u well in sorting it out

videoking

videoking wrote: »

be careful the coucil will say you owe the money even if u dont go to citzens advice there some sort of rule money over 6 years old doesnt have to be paid if they have not persued it in court inthe last six years apeal, apeal, apeal, dont pay without a fight seek advice wouldnt of paid 3000 out of saving ive just had arun in with the council and each person i talked to give me different advice my head was wreked with it bailiffs at the door thousands of pounds extra in fees sorted most of it out now without the fees but still got one bill outstanding wish u well in sorting it out

lincroft1710

Are you in Scotland, as in England and Wales, banding is done by Valuation Office Agency (part of HMRC), not the council.

Where a tax band is increased because of an error council tax law does not allow it to be backdated so if your neighbours' bands are increased they will not be backdated to 1 April 1993 (start of council tax).

Some councils would have a question on/with annual ct bill asking confirmation of single person occupation, or reminder that single person discount would not be applicable if more than one person now living there.

Videoking may have a point about 6 year limit BUT I have a feeling that in cases like these it may not apply.

You should pursue possibility of second adult benefit for future payments of your brother's contribution.